NZS 3917:2013
Conditions of contract for building and civil engineering - Fixed term
Intended for use when contracts are let for maintenance or other building or engineering works where the contract is intended to run for a defined period of time, as opposed to a contract for a defined scope of work. It might also be used for the provision of services (other than design) such as inspection and testing, cleaning, painting, preventative maintenance, repairs, or renewal of components within completed works. When defining the Contract Works, it needs to be made clear what the services are, and whether the Contractor has the exclusive right to provide all such services to the Principal, or whether its right is limited in extent. This new Standard was developed following a ‘limited technical review’ of NZS 3910: 2003, which focused only on feedback from the construction sector, and resulted in clearer wording and a reduced need for extensive special conditions. The Standard includes Word form schedules that may be completed with project specific details.
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NZS 3917:2013
CONTENTS
REFERENCED DOCUMENTS
New Zealand Standards
New Zealand legislation
Other publications
Websites
LATEST REVISIONS
REVIEW OF STANDARDS
FOREWORD
Outcome statement
Contract Agreement
General conditions of contract
1 Interpretation
1.1 Application
1.2 Definitions
1.3 General
1.4 Law, currency, and language
1.5 Computation of time
1.6 Duties of Engineer
2 The Contract
2.1 Type of Contract
2.2 Lump sum contract
2.3 Measure and value contract
2.4 Cost reimbursement contract
2.5 Local authority contracts
2.6 Evidence of Contract
2.7 Documents prepared by the Engineer or Principal
2.8 Documents prepared by the Contractor
2.9 Assignment
2.10 No waiver
3 Bonds
3.1 Contractor’s Bond
3.2 Principal’s Bond
4 Subcontracts
4.1 General
4.2 Nominated Subcontractors
5 General Obligations
5.1 General responsibilities
5.2 Contractor’s Representative
5.3 Control of employees
5.4 Occupancy of the Site
5.5 Separate Contractors
5.6 Care of the works and Site
5.7 Protection of Persons and property
5.8 Setting out
5.9 Materials, labour, and Plant
5.10 Programme
5.11 Compliance with laws
5.12 Intellectual property
5.13 Underground and above-ground utilities
5.14 Treasure
5.15 Clearance of Site
5.16 Late supply by Principal
5.17 Safety plan
5.18 Quality plan
5.19 Traffic management plan
5.20 As-built drawings, manuals, and maintenance records
5.21 Advance notification
6 Engineer’s Powers and Responsibilities
6.1 Appointment of Engineer
6.2 Role of Engineer
6.3 Engineer’s Representative
6.4 Inspection, recording, measuring, and testing
6.5 Removal and making good
6.6 Certification
6.7 Suspension of work
6.8 Engineer may instruct urgent work
7 Indemnity
7.1 Indemnity
8 Insurance
8.1 General
8.2 Contractor arranged insurances – General
8.3 Contractor arranged construction insurance
8.4 Contractor arranged Plant insurance
8.5 Contractor arranged public liability insurance
8.6 Contractor arranged professional indemnity insurance
8.7 Principal arranged insurances – General
8.8 Principal arranged construction insurance
8.9 Principal arranged existing property insurance
8.10 Principal’s option to insure public liability
9 Variations
9.1 Variations permitted
9.2 Variation orders
9.3 Valuation of Variations
9.4 Daywork
9.5 Unforeseen physical conditions
10 CONTRACT WORKS PERIOD
10.1 Commencement
10.2 Date of Expiry
10.3 Certificate on Expiry
10.4 Occupancy following the Date of Expiry
11 Defects Liability
11.1 Remedying of defects
11.2 Searching for defects
11.3 Failure to remedy defects
11.4 Final Completion Certificate
11.5 Effect of Final Completion Certificate
11.6 Warranties
11.7 Guarantees
12 Payments
12.1 Contractor’s payment claims
12.2 Progress Payment Schedules
12.3 Retention monies
12.4 Final payment claim
12.5 Final Payment Schedule
12.6 Effect of Final Payment Schedule
12.7 Interest
12.8 Cost fluctuations
12.9 Provisional Sums
12.10 Provisional Items
12.11 Prime Cost Sums
12.12 Contingency sums
12.13 Goods and services tax
12.14 Performance payments
12.15 Liquidated damages
13 Disputes
13.1 General
13.2 Engineer’s review
13.3 Mediation
13.4 Arbitration
13.5 Suspension during dispute
13.6 Award of interest
14 Frustration and Default
14.1 Frustration
14.2 Default by the Contractor
14.3 Default by the Principal
15 Service of Notices
15.1 General
APPENDIX A – COST FLUCTUATION ADJUSTMENT BY INDEXATION
A1
A2
A3
A4
A5
A6
A7
A8
SCHEDULES TO GENERAL CONDITIONS OF CONTRACT
Schedule 1 – Special Conditions of Contract – Specific Conditions of Contract
Schedule 2 – Special Conditions of Contract – Other Conditions of Contract
Schedule 3 – Form of Contractor’s performance bond
Schedule 4 – Form of Principal’s bond
Schedule 5 – Form of Contractor’s bond in lieu of retentions
NOTE – This bond shall be executed by the Contractor and by the surety in the manner required for execution of a deed. Any of these parties which are a company shall execute the bond by having it signed, under the name of the company, by two or more direc
Schedule 6 – Form of Producer Statement – Construction
Schedule 7 – Information on Contractor arranged construction insurance
Schedule 8 – Information on Contractor arranged Plant insurance
Schedule 9 – Information on public liability insurance
Schedule 10 – Information on Contractor arranged motor vehicle insurance
Schedule 11 – Information on Contractor arranged professional indemnity insurance
Schedule 12 – Information on Principal arranged construction and existing property insurance
Schedule 13 – Form of Contractor (or Subcontractor) warranty
Schedule 14 – Agreement for off-site Materials
Schedule 15 – Certificate on Expiry
Schedule 16 – Final Completion Certificate
CONDITIONS OF TENDERING
101 Interpretation
102 Issue of documents
103 Tenderers to inform themselves
104 Ambiguities in Tender Documents
105 Submission of tenders
106 Acceptance of tender
107 Tender evaluation
108 Notification of acceptance
SCHEDULE TO CONDITIONS OF TENDERING
GUIDELINES
G Section 1 Interpretation
G Section 2 The Contract
G Section 3 Bonds
G Section 5 General Obligations
G Section 6 Engineer’s Powers and Responsibilities
G Section 7 Indemnity
G Section 8 Insurance
G Section 9 Variations
G Section 10 Contract Works Period
G Section 11 Defects Liability
G Section 12 Payments
G Section 13 Disputes
G Section 15 Service of Notices
G Schedule 14 Agreement in respect of off-site Materials
INDEX
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References
Conditions of contract for building and civil engineering - Design and construct
Standard method of measurement of building works
Related Information
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AS/NZS 4911:2003
General conditions of contract for the supply of equipment without installation
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AS/NZS 4911:2003 A1
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NZS 3917:2013
CONTENTS
REFERENCED DOCUMENTS
New Zealand Standards
New Zealand legislation
Other publications
Websites
LATEST REVISIONS
REVIEW OF STANDARDS
FOREWORD
Outcome statement
Contract Agreement
General conditions of contract
1 Interpretation
1.1 Application
1.2 Definitions
1.3 General
1.4 Law, currency, and language
1.5 Computation of time
1.6 Duties of Engineer
2 The Contract
2.1 Type of Contract
2.2 Lump sum contract
2.3 Measure and value contract
2.4 Cost reimbursement contract
2.5 Local authority contracts
2.6 Evidence of Contract
2.7 Documents prepared by the Engineer or Principal
2.8 Documents prepared by the Contractor
2.9 Assignment
2.10 No waiver
3 Bonds
3.1 Contractor’s Bond
3.2 Principal’s Bond
4 Subcontracts
4.1 General
4.2 Nominated Subcontractors
5 General Obligations
5.1 General responsibilities
5.2 Contractor’s Representative
5.3 Control of employees
5.4 Occupancy of the Site
5.5 Separate Contractors
5.6 Care of the works and Site
5.7 Protection of Persons and property
5.8 Setting out
5.9 Materials, labour, and Plant
5.10 Programme
5.11 Compliance with laws
5.12 Intellectual property
5.13 Underground and above-ground utilities
5.14 Treasure
5.15 Clearance of Site
5.16 Late supply by Principal
5.17 Safety plan
5.18 Quality plan
5.19 Traffic management plan
5.20 As-built drawings, manuals, and maintenance records
5.21 Advance notification
6 Engineer’s Powers and Responsibilities
6.1 Appointment of Engineer
6.2 Role of Engineer
6.3 Engineer’s Representative
6.4 Inspection, recording, measuring, and testing
6.5 Removal and making good
6.6 Certification
6.7 Suspension of work
6.8 Engineer may instruct urgent work
7 Indemnity
7.1 Indemnity
8 Insurance
8.1 General
8.2 Contractor arranged insurances – General
8.3 Contractor arranged construction insurance
8.4 Contractor arranged Plant insurance
8.5 Contractor arranged public liability insurance
8.6 Contractor arranged professional indemnity insurance
8.7 Principal arranged insurances – General
8.8 Principal arranged construction insurance
8.9 Principal arranged existing property insurance
8.10 Principal’s option to insure public liability
9 Variations
9.1 Variations permitted
9.2 Variation orders
9.3 Valuation of Variations
9.4 Daywork
9.5 Unforeseen physical conditions
10 CONTRACT WORKS PERIOD
10.1 Commencement
10.2 Date of Expiry
10.3 Certificate on Expiry
10.4 Occupancy following the Date of Expiry
11 Defects Liability
11.1 Remedying of defects
11.2 Searching for defects
11.3 Failure to remedy defects
11.4 Final Completion Certificate
11.5 Effect of Final Completion Certificate
11.6 Warranties
11.7 Guarantees
12 Payments
12.1 Contractor’s payment claims
12.2 Progress Payment Schedules
12.3 Retention monies
12.4 Final payment claim
12.5 Final Payment Schedule
12.6 Effect of Final Payment Schedule
12.7 Interest
12.8 Cost fluctuations
12.9 Provisional Sums
12.10 Provisional Items
12.11 Prime Cost Sums
12.12 Contingency sums
12.13 Goods and services tax
12.14 Performance payments
12.15 Liquidated damages
13 Disputes
13.1 General
13.2 Engineer’s review
13.3 Mediation
13.4 Arbitration
13.5 Suspension during dispute
13.6 Award of interest
14 Frustration and Default
14.1 Frustration
14.2 Default by the Contractor
14.3 Default by the Principal
15 Service of Notices
15.1 General
APPENDIX A – COST FLUCTUATION ADJUSTMENT BY INDEXATION
A1
A2
A3
A4
A5
A6
A7
A8
SCHEDULES TO GENERAL CONDITIONS OF CONTRACT
Schedule 1 – Special Conditions of Contract – Specific Conditions of Contract
Schedule 2 – Special Conditions of Contract – Other Conditions of Contract
Schedule 3 – Form of Contractor’s performance bond
Schedule 4 – Form of Principal’s bond
Schedule 5 – Form of Contractor’s bond in lieu of retentions
NOTE – This bond shall be executed by the Contractor and by the surety in the manner required for execution of a deed. Any of these parties which are a company shall execute the bond by having it signed, under the name of the company, by two or more direc
Schedule 6 – Form of Producer Statement – Construction
Schedule 7 – Information on Contractor arranged construction insurance
Schedule 8 – Information on Contractor arranged Plant insurance
Schedule 9 – Information on public liability insurance
Schedule 10 – Information on Contractor arranged motor vehicle insurance
Schedule 11 – Information on Contractor arranged professional indemnity insurance
Schedule 12 – Information on Principal arranged construction and existing property insurance
Schedule 13 – Form of Contractor (or Subcontractor) warranty
Schedule 14 – Agreement for off-site Materials
Schedule 15 – Certificate on Expiry
Schedule 16 – Final Completion Certificate
CONDITIONS OF TENDERING
101 Interpretation
102 Issue of documents
103 Tenderers to inform themselves
104 Ambiguities in Tender Documents
105 Submission of tenders
106 Acceptance of tender
107 Tender evaluation
108 Notification of acceptance
SCHEDULE TO CONDITIONS OF TENDERING
GUIDELINES
G Section 1 Interpretation
G Section 2 The Contract
G Section 3 Bonds
G Section 5 General Obligations
G Section 6 Engineer’s Powers and Responsibilities
G Section 7 Indemnity
G Section 8 Insurance
G Section 9 Variations
G Section 10 Contract Works Period
G Section 11 Defects Liability
G Section 12 Payments
G Section 13 Disputes
G Section 15 Service of Notices
G Schedule 14 Agreement in respect of off-site Materials
INDEX
Previous versions
NZS 3917:2013
Online Library subscription information
Online library subscriptions provide a cost-effective solution for organisations of any size to access the latest standards, offering 24/7 access to a personalised catalogue. The service ensures subscribers have have the most up-to-date version of selected standards, incluing automatic updates for any amendments or versions. Pricing is dependent on the chosen standards and the number of concurrent users, with discounts applied from the standards PDF price. For customised subscriptions or further inquiries, contact the Online Library team.